Page 20 - July2019 FOP Magazine

Off-duty incidents
One of the most difficult situations we encoun- ter with officers is the off-duty incident. It can be devastating, both personally and pro- fessionally, if not handled well from the beginning. COPA really enjoys getting in-
volved in your personal life, and like a jun-
gle cat, they are ready to pounce. However, like most things that come out of COPA, if dealt with correctly, an off-duty issue can be handled and not have lasting effects.
The most common type of off-duty incident is the domes- tic. You are having trouble at home, and you and your spouse or partner have an incident. Much of the time, alcohol is in- volved. When you get to the point where the police have been called, what you do and how you act next can make all the difference. Most importantly, when the officers arrive at your door, remember that those body-worn cameras are running and will be scrutinized not only by COPA but also by the de- partment. A supervisor will be called. The supervisor will get a log number on you, even if you are not charged with any wrongdoing.
It is best not to make any statements unless either you have called the police or the alleged victim is not helping his or her cause by acting unreasonably. Most supervisors will quickly realize that you are not liable and no police service is needed. If you are asked just to leave and let the situation calm down, then you should take that advice. Get as far away as possible until cooler heads prevail.
If you are arrested, remain calm, follow directions and do nothing to make the situation worse. Remember: the arrest- ing officers do not want to do this any more than you do, but they have been ordered to make the arrest. Don’t make your problems their problems. Cooperate.
When you get back to the district, you will be asked to sub- mit to a B.A.C. You cannot refuse this direct order. Many a police officer has tried to, causing a bad situation to become worse. Understand that you do not have to cooperate from a criminal standpoint (providing a D.U.I. sample or giving your side of the story), but you must provide an administrative blow.
If the charge is a non-domestic misdemeanor, you will be released at the district with a recognizance bond. If it is a do- mestic, you will go to bond court the next morning, either at the criminal courts building at 2650 South California on a weekend or the courthouse at 555 West Harrison on a week- day. You should also immediately contact the FOP, which can get a lawyer over to you and hopefully soften the blow.
You will be stripped of your police powers that day and given instructions to return to BIA the next morning. Follow those instructions. If you are charged outside of Chicago, you are required to notify the department. Speak with your super- visor and the FOP immediately to find out what needs to be in
20 CHICAGO LODGE 7 ■ JULY 2019
the notification.
If you are charged with a serious crime, like a felony, you
should immediately request an attorney.
Once in court, the most important next step is that
the judge does not require you to turn in your firearms
and your FOID. Once the judge sets no firearms as a condition of bond, you are unfit for duty and placed in a no-pay status. If the alleged victim seeks an order of protection, the Illinois State Police will revoke your FOID, and you will be considered unfit for duty and be placed in a no-pay status. If we can convince the judge not to issue the order of protection and not make you surrender your firearms and FOID, you are technically fit for duty. The department will place you at callback or another non-law enforcement posi- tion, and you will be able to continue to collect a paycheck
while the case is pending in court.
You must fight this in court. You cannot plead guilty or get
a deferred sentence — you have to get a dismissal or a “not guilty” verdict. Remember: you are not only fighting the crim- inal case; you are also fighting for your job. Make sure you hire a competent criminal defense attorney to beat the charges.
After the charges have been beaten, you unfortunately are only halfway through the process. COPA will try to contact the victim and will bring you down for a statement. COPA does not have subpoena power without leave of court, and a person does not have to talk, help or explain anything to them if he or she does not want to. COPA will try to speak to the victim. It is very important that they know their rights, and it is also very important that you do not take any steps to obstruct the investigation. You should advise the victim that, if asked, he or she should seek out an attorney.
After you give your statement at COPA or BIA, a decision will be made, and possibly a punishment recommended. The pro- cess should take approximately nine months from the day of arrest until your police powers are reinstated. Remain patient and positive. You should also consider contacting EAP, espe- cially if the incident is alcohol-related. It will not only show mitigation, but it can also help you get through this event.
The best way to recover from an off-duty incident is to take steps to make sure that it never happens. If you are having problems at home or with addiction, recognize them and get help. EAP can provide you with resources, including counsel- ing for yourself and your spouse. If the stresses of the job are getting to you, or if you find yourself in a difficult relationship, don’t wait for it to resolve itself. If the job is getting to you, talk to someone. If you are in a toxic relationship, get out. If you are drinking too much, seek counseling. Do not wait for the police to be at your house or your car door.
Most off-duty incidents are predictable, and an ounce of prevention will go a long way. Remember that you are not alone. You have the FOP, friends and loved ones who are on your side.
TIM GRACE